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PEOPLE v. AARONS

2 N.Y.3d 547 (2004)

813 N.E.2d 613

780 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENWORTH AARONS, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 2004.

Attorney(s) appearing for the Case

Julian A. Hertz, Larchmont, for appellant.

Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for respondent.

Judges Rosenblatt, Graffeo, Read and R.S. Smith concur with Judge G.B. Smith; Judge Ciparick dissents and votes to reverse in a separate opinion in which Chief Judge Kaye concurs.

OPINION OF THE COURT

G.B. SMITH, J.

The issue in this case is whether a formal vote of 12 grand jurors is necessary to dismiss a charge. We conclude that it is and we affirm the order of the Appellate Division.

On Friday, March 19, 1999, after hearing testimony from various witnesses, including defendant, regarding an alleged break-in, a grand jury in Bronx County was deliberating on proposed charges of...

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